CC&Rs

     DECLARATION OF

    COVENANTS, CONDITIONS AND RESTRICTIONS

    AND GRANT AND RESERVATION OF EASEMENTS

    BEVERLY GLEN PARK

    CITY OF LOS ANGELES

    LOS ANGELES COUNTY, CALIFORNIA

THIS DECLARATION, made this 23rd day of March , 1970, by U.S. PLYWOOD-CHAMPION PAPERS INC., a corporation, (hereinafter sometimes referred to as "Declarant").

 1.  RECITALS.

 WHEREAS, Declarant is the owner of an aggregate of at least ninety- percent (90%) of the units located within the real property in the City of Los Angeles, County of Los Angeles, State of California described as:

 Tracts 28680, 28681, 28682 and 28653 as per maps recorded in the Office of the County Recorder of Los Angeles County.

All of the above said described real property shall sometimes hereinafter be referred to as the "existing property" or "properties"; and

WHEREAS, on June 6, 1969 Declarant and Beverly-Glenwood Corporation, recorded a Superseding Declaration of Covenants, Conditions and Restrictions for Beverly Glen Park, as Instrument Number 3560, Official Records of Los Angeles County, which it is the intention of Declarant to cancel and rescind as if said Declaration had never been executed and recorded, except as hereinafter provided; and

WHEREAS, Declarant has deemed it desirable, for the efficient preservation of the values and amenities in the existing property and in the additional properties which may be annexed thereto, pursuant to the provisions of this Declaration, to create an agency to which should be delegated and assigned the powers of maintaining and administering the common area and administering and enforcing the covenants and restrictions, and collecting and disbursing the assessments and charges hereinafter created; and

WHEREAS, Declarant will or has caused an Association, the members of which shall be the respective owners of Condominiums in the existing property and of the Condominiums in properties annexed pursuant to this Declaration, to be incorporated under the laws of the State of California, as a non-profit corporation, for the purpose of exercising the functions aforesaid; and

WHEREAS, Declarant will convey the said properties, subject to certain protective covenants, conditions, restrictions, reservations, easements, liens and charges as hereinafter set forth; and

WHEREAS, said Declarant hereby establishes by this Declaration a plan for the individual ownership of the real property estates consisting of the area or space contained in each of the units and the CO-ownership by the individual and separate owners thereof, as tenants in common, of certain real property which is hereinafter defined and referred to as the "common areas".

NOW, THEREFORE, Declarant cancels and rescinds, as if they had never been executed and recorded, except as hereinafter provided, that Superseding Declaration of Covenants, Conditions and Restrictions for Beverly Glen Park recorded June 6, 1969 as Instrument No. 3560, Official Records of Los Angeles County, and Declarant hereby declares that all of the property described above, and such additions thereto as may hereafter be made pursuant to Article 3 hereof, shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, all of which are for the purpose of enhancing and protecting the value, desirability, and attractiveness of the real property. These easements, covenants, restrictions and conditions shall run with the real property and shall be binding on all parties having or acquiring any right, title or interest in the described properties, or any part thereof, and shall inure to the benefit of each owner thereof; and are imposed upon said land and every part thereof as a servitude in favor of each and every parcel thereof as the dominant tenement or tenements.

 2.  DEFINITIONS:

As used herein or elsewhere in any documents affecting the Property unless otherwise provided or unless the context requires otherwise, the following terms shall be defined as in this Article.

     2.1 Property - Real Property. The terms "Property" or "Real Property" as used herein are used interchangeably and shall be construed to mean all of the existing property and any additions thereto as may hereafter be brought within the jurisdiction of this Association as hereinafter provided.

     2.2 Condominium - "Condominium" shall mean a condominium as defined in Section 783 of the California Civil Code, and shall be an estate in real property consisting of (a) a separate fee interest in the space within a unit, and (b) an undivided fee interest as a tenant in common in the common area. Additionally, each owner of a Condominium shall receive a membership in the Association.

     2.3 Unit. "Unit" in said properties shall mean and refer to the elements of a Condominium which are not owned in common with the other owners of other Condominiums. The boundaries of a unit shall be the interior surfaces of the perimeter walls, floors, ceilings, windows and doors of each unit, where they exist, and otherwise to the vertical or horizontal planes at the limits of the dimensions as shown on the Condominium Plan, that has or will be filed, pursuant to Section 1351 of the California Civil Code, in the office of the County Recorder of Los Angeles County. The unit shall include both the portions of the building so described and the airspace so encompassed. In interpreting deeds and plans, the existing physical boundaries of a unit reconstructed in substantial accordance with the original plans, shall be conclusively presumed to be its boundaries, rather than metes and bounds, or other description, expressed in the deed or plan, regardless of settling or lateral movement of buildings and regardless of minor variance between boundaries shown on the plan or in the deed and those of a building.

     2.4 Unit Owner. The person or persons holding title in fee to a Unit.

     2.5 Project and/or Condominium Project. The entire Real Property divided into Condominiums, including all structures thereon, and the Common Areas and Units within the Real Property.

     2.6 Common Area. "Common Area" shall mean the entire project, excepting those portions thereof which lie within the boundaries of any unit, on the Condominium Plan for the Project as now or hereafter recorded, and excepting dedicated streets. That portion of the common area shown as Recreation Areas on the Condominium Plans for the project shall be reserved for the use of all members of the Association.

     2.7 Appurtenant Areas. Appurtenant Areas are those portions of the Common Areas which surround each Unit in the Project, respectively, as shown on the Condominium Plan, and shall be deemed exclusive appurtenant easements for all residential and residential yard purposes (purposes incidental to the use of the Unit as a dwelling, including, but without limitation, driveway and walkway purposes, except as herein elsewhere provided) to the Units that they surround, respectively, subject to (1) Overhanging Eave, Parking Bay Access Easements and Foundation Wing Wall Easements, (2) architectural, landscaping, and use restriction limitations and obligations, as hereinafter provided, (3) all other restrictions and limitations as contained elsewhere in this Declaration and (4) all other matters of record.

     2.8 Overhanging Eave and Foundation Wing Wall Easements. Each Condominium within the Project shall be benefited by and subject to reciprocal Overhanging Eave and Foundation Wing Wall Easements to the extent that Eaves and Foundation Wing Walls which are part of the original residence structure (or structure rebuilt in accordance with approved plans), built or to be built, extend into adjacent Condominium Appurtenant Areas or Association Areas, but such reciprocal easements shall in no event extend more than 5 feet within an adjacent Appurtenant Area from common side Appurtenant Area lines.

     2.9 Association Areas. Means the Common Areas excepting only the Appurtenant Areas.

     2.10 Residence. Means an Appurtenant Area and the Unit that it surrounds, together with appurtenant Overhanging Eave and Foundation Wing Wall Easements, if any.

     2.11 Common Assessment. That portion of the cost of maintaining, improving, repairing, and managing the Project, and all other Common Expenses, which is to be paid by each Unit Owner to the Association for "Common Expenses," and charged to his Condominium.

     2.12 Special Assessment. A charge against a particular Unit Owner and his Condominium equal to the cost incurred by the Association for corrective action performed pursuant to provisions of Article 6.2(b) herein, plus interest thereon at the maximum rate allowed by law from the date of demand for payment.

     2.13 Association. Beverly Glen Park Homeowner's Association, Inc., a California non-profit corporation.

     2.14 Common Expenses. The actual and estimated costs of:

(a) Maintenance, management, operation, repair and replacement of (1) the Association Areas, and (2) those parts of the Residences as to which, pursuant to the provisions of this Declaration, it is the responsibility of the Association to maintain, repair and replace, including the cost of unpaid Special Assessments; together with the capital improvements to Association Areas which the Association may from time to time authorize.

(b) Management and administration of the Association, including without limitation, compensation paid by the Association to a manager, accountants, attorneys or other employees and agents.

(c) Any other item or items designated by or in accordance with other provisions of this Declaration to be Common Expenses, and any other expenses incurred by the Association for any reasons whatsoever.

2.15 Mortgage - Mortgagee - Mortgagor. Reference in this Declaration to a Mortgage shall be deemed to include a deed of trust; reference to a Mortgagee shall be deemed to include the Beneficiary of a deed of trust; reference to a Mortgagor shall be deemed to include the Trustor of a deed of trust.

2.16 Private Streets (and sidewalks). Those Streets (including sidewalks) designated as "Private Streets" on the

Condominium Plan are streets not dedicated to the public but which shall be used for all purposes as though they were streets so dedicated. The use of said Streets shall remain in effect so long as the covenants and conditions of this Declaration shall remain in effect, and thereafter so long as such means of ingress and egress are reasonably necessary or proper for the convenient use of the Residences within the Condominium Project. Nothing herein contained shall be deemed to modify or restrict the rights of Declarant to dedicate any and all of said Private Streets as such rights are retained to Declarant and set forth in the deed of conveyance of the Condominium.

3.   ANNEXATION OF ADDITIONAL PROPERTIES

     Additional properties may be annexed to and become subject to this Declaration by any of the methods set forth hereinbelow in this Article, as follows:

     3.1 Annexation Pursuant to Approval. Upon approval in writing of the Association, pursuant to a three-fourths majority of the voting power of its Members, or the written assent of such Members, excluding the voting powers or written assent of the Declarant, the owner of any property who desires to add it to the scheme of this Declaration and to subject it to the jurisdiction of the Association, may file of record a Supplementary Declaration, as described in Section 4 of this Article.

     3.2 Annexation Pursuant to General Plan. All or any part of the real property described in Exhibit "A" attached hereto, may be annexed, from time to time, to the properties and added to the scheme of this Declaration and subject to the jurisdiction of the Association without the assent of the Association or its members, provided and on condition that:

(a) Any annexation pursuant to this Section shall be made prior to five (5) years from the date of recording of this Declaration.

          (b) The development of the additional properties shall be in accordance with a general plan of development submitted to the City of Los Angeles.

          (c) A Supplementary Declaration, as described in Section 4 of this Article, shall be recorded covering the applicable portion of the real property described in Exhibit "A".

     3.3 Mergers or Consolidations. Upon a merger or consolidation of the Association with another association, as provided in its Articles of Incorporation, its properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association or, alternatively, the properties, rights and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the covenants and restrictions established by this Declaration within the existing property, together with the covenants and restrictions established upon any other properties, as one scheme.

     3.4 Supplementary Declarations. The additions authorized under the foregoing Sections shall be made by filing of record a Supplementary Declaration of Covenants, Conditions and Restrictions, or similar instrument, with respect to the additional properties which shall extend the scheme of this Declaration to such properties.

 Such Supplementary Declarations contemplated above may contain such complementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the added properties and as are not inconsistent with the scheme of this Declaration. In no event, however, shall any such Supplementary Declarations, merger or consolidation, revoke, modify or add to the covenants established by this Declaration within the existing property, except as hereinafter otherwise provided.

4.   ADMINISTRATION.

     The Association shall maintain, repair, operate, manage and administer the Property and all private streets in accordance with the following provisions:

4.1 The Association is incorporated under the name of Beverly Glen Park Homeowners Association, Inc., as a corporation Not for profit under the laws of the State of California. Any other form of organization for the Association may be substituted after first obtaining the written approval of all of the members thereof, and the City of Los Angeles.

     4.2 The duties and powers of the Association are those set forth in this Declaration, the Articles of Incorporation and the by-laws, together with those reasonably implied to effect the purposes of the Association and this Declaration; provided, how-ever, that if there are conflicts or inconsistencies between this Declaration and either the Articles of Incorporation or the by-laws, the terms and provisions of this Declaration shall prevail. All Unit Owners shall be deemed members of the Association automatically upon the recordation of deed to their Condominium. The powers and duties of the Association shall be exercised in the manner provided by the Articles of Incorporation and the by-laws and any duties or rights of the Association which are granted by or to be exercised in accordance with the provisions of this Declaration, shall be so exercised except that wherever this Declaration requires the act or approval of the Board of Directors of the Association, such act or approval must be that of the Board of Directors done or given in accordance with the by-laws.

     4.3 Notice or demands, for any purpose, shall be given by the Association to Unit Owners and by Unit Owners to the Association in the manner provided for notices to members of the Association by the by-laws of the Association.

     4.4 All funds and the title of all properties acquired by the Association and the proceeds thereof after deducting there-from the costs incurred by the Association in acquiring the same shall be held for the benefit of the Unit Owners for the purposes herein stated.  

     4.5 All income received by the association from the rental or licensing of any part of the Association Areas (as well as such income anticipated) shall be used for the purpose of reducing prospective Common Expenses prior to establishing the annual assessment for Common Expenses.

     4.6 At any meeting of the Association, each Unit Owner, including Declarant as to those Units not sold, shall be entitled to cast one vote for each Unit Owned. Any Unit Owner may attend and vote at such meeting in person or by an agent duly appointed by an instrument in writing signed by the Unit Owner and filed with the Association. Any designation for an agent to act for a Unit Owner may be revoked at any time by written notice thereof to the Association and shall be deemed revoked when the Association shall receive actual notice of the death or judicially declared incompetence of such Unit Owner, or of the conveyance by such Unit Owner of his Unit to another, whereupon the vestee of such Unit shall be deemed the Unit Owner for purposes of voting. Where there is more than one record Owner of a Unit, any or all of such persons, as Unit Owners, may attend any meeting of the Association, but it shall be necessary for those present to act unanimously in order to cast the vote to which the Unit is entitled.

     4.7 The presence, in person or by proxy, of Unit Owners holding at least 50% of the voting power shall constitute a quorum for the transaction of business at all meetings. If any meeting cannot be held because a quorum is not present, the Unit Owners present, either in person or by proxy, may, as otherwise provided by law, adjourn the meeting to a time not less than 48 hours nor more than 30 days from the time the original meeting was called, at which meeting the quorum requirement shall be 25%. Every Unit Owner entitled to vote at any election for directors of the Association may cumulate his votes and give one candidate a number of votes equal to the number of directors to be elected multiplied by the number of votes to which his membership is entitled, or distribute his votes on the same principle among as many candidates as he thinks fit.

 5.  ASSOCIATION AREAS.

     5.1 Rules and Regulations Promulgated by the Association. No person shall use the Association Areas or any part thereof, in any manner contrary to or not in accordance with such rules and regulations pertaining thereto as from time to time may be promulgated by the Association. Without in any manner intending to limit the generality of the forgoing, the Association shall have the right but not the obligation to promulgate rules and regulations limiting the use of the Association Areas to Unit Owners and their respective families, guests, invitees and servants. Subject to the rules and regulations from time to time pertaining thereto, all Unit Owners shall use the Association Areas in such manner as will not restrict, interfere with or impeded the use thereof by other Unit Owners.

     5.2 Maintenance, repair, improvement, management, operation and administration of the Association Areas shall be the responsibility of the Association, but nothing herein contained however shall be construed so as to preclude the Association from delegating to persons, firms or corporations of its choice, such duties as may be imposed upon the Association by the terms of this sub-article 5.2 and as are approved by the Board of Directors of the Association.

     5.3 Improvement expenses incurred or to be incurred for the maintenance, repair, management and operation of the Common Areas shall be collected from Unit Owners as assessed, in accordance with provisions contained elsewhere herein.

 6. RESIDENCE, ARCHITECTURAL, LANDSCAPING AND USE RESTRICTIONS, ETC.

     6.1 Residence Restrictions, Easements, Rights, etc.

All of the Condominiums within the Project shall be held, sold, transferred and conveyed by Declarant, subject to the conditions, restrictions and covenants hereinafter set forth, which are hereby declared to be for the benefit of the Project, and shall run with said Condominiums and be binding upon each and every owner thereof, their heirs, successors and assigns, as follows:

(a) Residences shall be used for single family residences only, and other purposes incidental thereto.

               (b) No signs, window signs, notices or displays of any nature or kind shall be shown or displayed from the residence, excepting signs or notices of customary and reasonable dimensions, shape, position, number and taste, which state that the premises are "For Rent" or "For Sale" or which are in observance of National or religious holidays.

                        (c) No mercantile, manufacturing, mechanical or trading business, business establishment or commercial activity of any nature shall be maintained or conducted on said Residences, nor shall anything be done thereon which may become or be an annoyance or nuisance to the neighborhood. No horses, cattle, swine, sheep, goats, poultry, rabbits or other animals except domestic pets, nor unconcealed garbage or rubbish containers or basketball backstops visible from public or private streets, shall be kept or maintained on said Residences. Garbage or rubbish containers may be temporarily placed for pick-up subject to Association rules and regulations.

(d) No outside television or radio pole, antenna or clothesline shall be constructed, erected or maintained on any Residence.

          (e) No poles or other overhead structures to carry wires or other media for the transmission of electrical energy, telephone service or other utilities, shall be placed or maintained on any Residence or elsewhere than in underground pipes or conduits or enclosed within buildings. However, during construction on any building site, temporary poles may be used, but immediately after completion of said construction said temporary poles shall be removed.

          (f) No basement, garage, or out-building erected on said Residence shall at any time be used as a residence temporarily or permanently, nor shall any structure of a temporary character be used as a residence.

          (g) No trailer, truck or other vehicular machine, or other material shall be permitted to be stored or stockpiled, within any Residence. No restriction is intended upon vehicular parking requirements reasonable to the residential use of said Residence.

          (h) The use of any portion of the surface of said Residences for drilling operations, mining or quarrying of all kinds, including but not limited to, oil well drilling, oil development, mining operations, together with the use of said surface for oil wells, tanks, tunnels, mining, excavation or shafts, is hereby and shall be prohibited, provided, however, the foregoing shall not be construed to prohibit slant drilling operations or such other operations which in no way use or in any way affect the surface rights of said land, and which do not enter said Residences at a point less than 500 feet below said surface.

          (i) Drainage and Utilities.

               (i) Easements for installation and maintenance of utilities, cable antenna television and drainage facilities are reserved as shown on the recorded Condominium Plan and/or as originally installed or as subsequently installed pursuant to Article 16 herein.

               (ii) It is expressly declared that there have been installed and are presently existing or will be installed underneath and upon the surface of the Residences, certain structures and facilities for water drainage purposes. It is further declared that either as a part of the general plan provided herein, or independently thereof, it is provided that there be at the time of the transfer and conveyance of the Real Property, or any part thereof, reciprocal easements over, along or under each of the said Residences in favor of all other of the Real Property drained by said structures and facilities and facilities that may be existing at the time of such transfer and conveyance. It is further expressly declared that each of the Unit Owners of said Residences, their successors, heirs and assigns, shall not obstruct, alter, change or remove such drain-age structures and facilities without the prior written consent of the Architectural and Landscaping Committee, hereafter designated.

               (iii) The Unit Owner of each Residence agrees for himself, his heirs, successors and assigns, to plant and maintain all sloping areas on said Residence in such a manner as to prevent soil erosion and to maintain slopes, banks, and/or drainage-ways, located on said Residence for the protection and use of property other than the said Residence. In the event that the owner of the said Residence fails to maintain slopes, banks and/or drainage-ways thereon, then the said owner agrees for himself, his heirs, successors, and assigns, that he will permit free access by the Association for the purpose of maintenance of the said slopes, banks and/or drainage-ways.

               (iv) It is understood that various slopes and/or banks in said Project that are to be planted may not be so planted at the date hereof. Therefore, in addition to the access rights provided for in the preceding paragraph hereof, Declarant reserves, and the Unit Owner of each Residence agrees for him-self, his heirs, successors and assigns, that he will permit free access rights to Declarant and its authorized agents and representatives, over and across the portions of each such Residence as are not improved with buildings, for the purpose of planting and/or maintenance of any of said slopes and/or banks, which rights of access in favor of Declarant and its authorized agents and representatives shall expire on December 31, 1972.

               (v) The Unit Owner of each Residence agrees for himself, his heirs, successors and assigns that he will not in any way interfere with the established drainage pattern over his Residence from adjoining or other Property in said Project, or that he will secure written approval from the Architectural and Landscaping Committee and make adequate provisions for proper drainage in the event it is necessary to change the established drainage over his Residence. For the purpose hereof, "established drainage" is defined as the drainage which occurred at the time when the overall grading of said Project, including the landscaping, if any, of each Residence and the Association Areas in said Project, was completed by the Declarant, or Declarant's duly authorized agents.

          (j) Nuisance. No nuisances shall be allowed upon the Property nor shall any use or practice be allowed which is a source of annoyance to residents or which interferes with the peaceful possession and proper use of the Property by its residents.

          (k) Lawful Use. No immoral, improper, offensive or unlawful use shall be made of the Property nor any part thereof, and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed. The respective responsibilities of Unit Owners and the Association of complying with the requirements of government bodies which, require maintenance, modification or repair of the Property shall be the same as hereinabove provided for the maintenance and repair of that portion of the Property subjected to such requirements.

          (l) There shall be no obstruction of the Association Areas, nor shall anything be stored in the Association Areas without the prior consent of the Association.

          (m) Nothing shall be done or kept in the Common Areas which will increase the rate of insurance on the Common Areas, without the prior written consent of the Association. No Unit Owner shall permit anything to be done or kept in his Unit or in the Common Areas which will result in the cancellation of insurance on any Unit or any part of the Common Areas, or which would be in violation of any law. No waste shall be committed in the Common Areas.

          (n) Except as otherwise expressly provided in this Declaration, nothing shall be altered or constructed in or removed from the Association Areas, without the written consent of Declarant until the sale of all Condominiums in the Condominium Project, or until December 31, 1975, whichever shall first occur. Thereafter, such written consent shall be obtained from the Association.

          (o) There shall be no violation of rules for the use of the Association Areas adopted by the Association and furnished in writing to the Unit Owners, and the Association is authorized to adopt such rules in the same manner provided as in the case of amendment of this Declaration.

          (p) In addition to all other remedies available, violations of this Article by a Unit Owner shall be subject to the enforcement provisions vested in the Architectural and Landscaping Committee as provided for in Article 6.2 herein.

          (q) Notwithstanding anything herein to the contrary, Declarant, its agents, successors or assigns may operate and maintain upon said Property a model complex, together with parking areas and/or a real estate sales and development business, and may place, erect and maintain upon said Property such customary sales and advertising signs, offices and parking areas as is usual and reasonable for such real estates sales and development operation until all Units (as shown on the Condominium Plan) have been sold and conveyed to grantees, or until December 31, 1975, whichever shall first occur.

          (r) Notwithstanding anything herein to the contrary, Declarant, its agents, employees, contractors, subcontractors, and other authorized personnel, reserves unto itself the right to enter in and upon the Property, and to perform work, and all related activities and other acts required, thereon, in order to complete (1) construction of the Condominium Project and construction upon adjacent properties of Declarant, (2) to perform work required by governmental agencies having jurisdiction over the Property or other adjacent properties of Declarant, and (3) during construction to erect and maintain and store upon the Property, shacks, storage building, temporary toilets, storage yards and areas, materials, tools and machines, fabrication areas, and other temporary installations for the requirements and convenience of construction. It is expressly provided that no Unit Owner shall in any manner interfere with any of the fore-going activities of Declarant. No action may be maintained by any Unit Owner for damage or inconvenience resulting from the exercise of the foregoing rights of Declarant.

          (s) Nothing in this Article 6.1 shall imply the right of any Unit Owner to construct or maintain any improvement or condition of use, in the absence of first securing approval from the Architectural and Landscaping Committee.

     6.2 - Architectural and Landscaping Committee. Excepting as to the interior of the Unit, no replacement, addition or alteration of a building, structure fence, drainage facility or other improvement, or of the landscaping, including, but not limited to flowers, plants, ground cover, bushes, trees, slopes, banks, drainage-ways and drainage pattern, shall be erected, placed, altered or removed on any Residence until the plans Specifications, and Plot Plan showing the location of such replacement, addition, alteration or removal have been approved in writing by the Architectural and Landscaping Committee here-after designated; nor shall any exterior painting or decorative alteration within said Residences be commenced until said Committee has approved in writing said proposed color scheme and design thereof, and the colors and quality of the paints and/or materials to be used. Such plans, specifications and Plot Plan shall be prepared by an architect, engineer, and/or landscaping architect, said person or persons to be employed by the Unit Owner making application at his sole cost and expense.

     The Architectural and Landscaping Committee is hereby designated as follows:

     (a) Commencing at the time of recordation of this Declaration and continuing until December 31, 1975, said Committee shall be composed of:

               1. JEROME SNYDER

               2. RUSSEL KUBOVEC

               3. CHARLES B. METCALFE, JR.

     During the above period of time, members of the Architectural and Landscaping Committee shall serve at the pleasure of the Declarant, and may be removed from office at any time by Declarant; and during said period Declarant shall have authority to fill any vacancies created or existing on said Committee.

     (b) Thereafter, by a Committee of three persons designated by the Board of Directors of Beverly Glen Park Home-owners' Association Inc., one person of which shall by a duly licensed architect.

          The Association, and the Architectural and Landscaping Committee acting on its behalf shall be further empowered with the right and duty to periodically inspect all Appurtenant Areas and exterior portions of Units in order that minimum standards of repair, design, color and landscaping be maintained for beauty, harmony and conservation within the entire Project. In the event that the Committee determines that an improvement is in need of repair, restoration or painting, or that the landscaping is in need of installation, repair or restoration, or that either is in existence without written approval of this Committee, or that there is a violation of the provisions of this paragraph 6.2 or of paragraph 6.1 of this Article 6, then in either of the fore-going events, the Committee shall give written notice to the Unit Owner of the condition or violation complained of by the committee, and unless the committee has approved in writing corrective plans proposed by the Unit Owner to remedy the condition complained of within 15 days (or such other additional period of time as may be determined reasonable by the Association) after said written notice first given (and such corrective work so approved is completed thereafter within the time allotted by Committee), the Committee, acting as the agent for the Association, shall undertake to remedy such conditions or violation complained of, and the sole cost and expense thereof, plus interest thereon from the date of demand for payment at the maximum rate allowed by law, shall be charged to the particular Unit Owner and his Condominium whose Residence is the subject matter of the corrective work, and such cost shall be deemed to be a Special Assessment to such Unit Owner and his Condominium and subject to levy, enforcement and collection by the Association in accordance with the assessment lien procedure hereinafter provided for in Article 8. The Association, and the Architectural and Landscaping Committee acting on its behalf, shall have a limited right of entry in and upon all Appurtenant Areas and the exterior of all Units for the purpose of taking whatever corrective action may be deemed necessary or proper by the Architectural and Landscaping Committee to conform the Appurtenant Areas and the exterior portions of the Units to the decisions of said Committee in accordance with the procedures and powers reserved unto said Committee as herein provided in Article 6. The cost of such corrective action shall be assessed to the particular Unit Owner and his Condominium as a Special Assessment and subject to levy, enforcement and collection in accordance with the Assessment lien, procedure hereinafter provided in Article 8.

     Notwithstanding the foregoing, the Association acting through the Architectural and Landscaping Committee, may immediately (to the extent feasible), and without notice, remove, correct and/or remedy violations of Article 6.1(j), (k), (l), (m), (n), and (o) pertaining to the Association Areas, upon discovery of such violation, and shall in any event remove, correct or remedy such violations within a reasonable period of time; and any cost or expense incurred by the Association in connection therewith shall be a part of the Common Expenses and may be charged to the Unit Owner responsible therefore as a Special Assessment.

 (Article 6.2)

      Notwithstanding the foregoing, in the event of a total or a substantially total, destruction of the improvements within a residence, the Unit Owner shall restore the residence in a manner satisfactory to the Architectural and Landscaping Committee within a five-year period after determination by the Committee of the need for restoration. If restoration is not completed to the satisfaction of the Architectural and Landscaping Committee within such five-year period of time, the Association shall have an option to purchase the equity of the Unit Owner in his Condominium, the value of which shall be judicially appraised and determined in a judgment or decree secured in an action instituted in a Court of competent jurisdiction. During said five-year period of time, the Unit Owner shall be required to make such repairs and take such corrective action, of a temporary or permanent nature, as may be determined by the Architectural and Landscaping Committee for the purpose of eliminating unsightly, unsafe or unhealthful conditions within the residence.

     In the event of the death, incapacity, or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor.

     Until December 31, 1975, none of the members of such Committee shall be entitled to any compensation for services performed pursuant to this covenant as a member of the Architectural and Landscaping Committee. Thereafter, the members shall be entitled to such compensation as may be determined by the Board of Directors.

     Members of the Architectural and Landscaping Committee chosen by the Board of Directors, under this subparagraph (b) shall serve at the pleasure of the Board and may be removed from office at any time by duly adopted board resolutions.

     Nothing therein shall limit the right and privilege of the Committee to act through agents, employees, contractors and other duly authorized persons and entities.

     6.3 Nothing in the preceding Article 6.2 shall in any manner limit the right of the Unit Owner to exclusive control over the interior of his Unit.

     6.4 Any Unit Owner may enforce violations of this Article in the event that the Association and/or the Architectural and Landscaping Committee acting as its Agent fails to take remedial action within a reasonable period of time after knowledge by the Association of the particular violation.

 7.  MAINTENANCE AND REPAIR

     7.1 - The Association. The Association shall have full power to control, and it shall be its duty to maintain, repair and make necessary improvements and pay for out of the Maintenance Fund to be provided, the following:

          (a) All Association Areas and the improvements thereon, including but not limited to, (1) the swimming pools, tennis courts, fences, recreational buildings and facilities, and all other recreational improvements, and (2) the plants, trees, shrubs, flowers, ground cover, slopes, banks, drainage facilities and all other landscaping.

          (b) All corrective architectural and landscaping work within Residences pursuant and subject to the provisions of Article 6 herein.

          (c) All metered utilities in Association Areas.

          (d) All conduits, ducts, plumbing, wiring and other facilities for the furnishing of utilities, television and other similar services lying within the Association Areas.

          (e) All private roadways, streets, walks and other means of ingress and egress within or abutting said Project shall, for the purposes of Maintenance and Repair, be treated as Association Areas. To insure City, County, public authority or public utility access to maintain and repair services and facilities extended by such City, County, public authority or public utility to the Project, the Association shall keep all of said roadways, streets, walks and other means of ingress and egress in a state of good condition and repair consistent with the standard of quality upon original installation.

          (f) All 36-foot-wide streets within the Condominium Project shall be restricted to parking on one side only. The Association shall be obligated to maintain a proper number of "no parking" signs, the locations, dimensions and form of which shall be approved by the City of Los Angeles, the cost of which shall be borne by the Association as a common expense. The Association, and all Unit Owners, shall maintain the private streets free and clear of obstructions and in a safe condition for vehicular use at all times.

          The Association, acting through the Architectural and Landscaping Committee, shall have the right and obligation to remove all obstructions in private streets, including, but not limited to, vehicles parked in the "no parking" zones, and cause said obstructions, including vehicles, to be stored or impounded at the sole cost and expense of the owner thereof. In the event that the Association for any reasons incurs expense in connection with the foregoing, such expense shall initially be borne by the Association as a common expense, subject to reimbursement by the Unit Owner responsible therefore in accordance with and pursuant to the special assessment provisions of Article 6.2 of this Declaration.

     7.2 - The Unit Owner. The responsibility of the Unit Owner shall be as follows:

(a) To maintain, repair, replace and restore at his expense, all portions of his Residence, subject to control of the Architectural and Landscaping Committee as provided in Article 6 herein.

          (b) Not to paint or otherwise decorate or change the appearance of any portion of the improvements within his Residence except for the interior of his Unit, unless the written consent of the Architectural and Landscaping Committee is first obtained in accordance with the provisions of Article 6 herein.

          (c) Not to make any alterations in the landscaping or landscaping plan within the Residence, including the drainage pattern, slopes, banks and drainage facilities, except as otherwise provided in Article 6 herein.

          (d) Not to erect any improvement within the Residence, unless the written consent of the Architectural and Landscaping Committee is first obtained, except as provided for in Article 6.3 herein.

          (e) To comply with all of the provisions of this Declaration.

 8.  ASSESSMENTS AND MAINTENANCE FUND.

     8.1 - Common Assessments.

          (a) Common Assessments for Common Expenses shall be made by the Board of Directors for each calendar year not less than thirty (30) days prior, nor more than thirty (30) days subsequent, to the beginning of each such calendar year and at such other and additional times as in the judgment of the Board of Directors additional Common Expense assessments are required. Assessments shall commence as of the date of close of escrow of the first sale of a Condominium in the Project.

          (b) The total of each such annual Common Assessment shall be in the amount of the estimated Common Expenses for the year, including a reasonable allowance for contingencies and reserves.

          (c) If the annual Common Assessment is not made as required, a payment in the amount required by the last prior annual Common Assessment shall be due upon each assessment payment date until changed by a new assessment.

          (d) The annual Common Assessment payable by each Unit Owner shall be payable in twelve (12) equal monthly installments on the first day of each calendar month, or at such other date or times and in such other installments as the Association may determine. Delinquent installments shall bear interest at the maximum rate allowed by law.

          (e) Each Unit Owner, including Declarant as to each unsold Unit, shall pay his proportionate share of the total Common Assessment, commencing on the date of the close of escrow of the first sale of a Condominium in the Project, on the basis of one share for each Unit.

     8.2 - Special Assessments. Special assessments against particular Unit Owners and their respective Condominiums shall be made by the Architectural and Landscaping Committee, as agent for the Association, pursuant to the provisions of Article 6 herein, upon the date when the cost has been incurred by the Association for the corrective work or corrective action and written demand for payment thereof has been sent by mail to the particular Unit Owner. The amount of the Special Assessment shall be due and payable by the Unit Owner to the Association on the said date of Demand, and shall bear interest from the date of demand at the maximum rate allowed by law.

     8.3 - All sums collected by the Association from assessments may be commingled in a single fund, and without the necessity of a specific accounting for each element of Common Expense for which assessment has been made.

     8.4 - Collection of Assessments. All Common and Special Assessments shall be a debt of the Unit Owner at the time the Assessment is made. The amount of any such assessment plus interest and costs, including attorneys' fees (in accordance with Sections 1355 and 1356 of the Civil Code of the State of California) shall be and become a lien upon the Condominium assessed when the Association causes to be recorded with the County Recorder of Los Angeles County a Notice of Assessment which shall state the amount of such assessment, including interest and estimated attorneys' fees (in accordance with the aforementioned Civil Code Sections), a description of the Condominium against which the same has been assessed, and the name of the record owner thereof. Such notice shall, be signed by an authorized representative of the Association. Upon payment of said assessment and charges in connection with which such notice has been so recorded, or the satisfaction thereof, the Association shall cause to be recorded a further notice stating the satisfaction and the release of the lien thereof.

     The assessment lien so provided shall be prior to all other liens recorded subsequent to the recordation of said Notice of Assessment.

     Unless sooner satisfied and released, or the enforcement thereof initiated, such lien shall expire and be of no further force or effect one (1) year from the date of recordation of said Notice of Assessment; provided, however, that said one-year period may be extended by the Association for not to exceed one (1) additional year by recording a written extension thereof.

     The assessment lien above provided may be enforced by sale by the Association, its attorney, or other person authorized to make the sale after failure of the Owner to pay such assessment in accordance with its terms, such sale to be conducted in accordance with the provisions of Sections 2924, 2924b and 2924c of the Civil Code of the State of California applicable to the exercise of powers of sale in mortgages and deeds of trust, or in any other manner permitted by law. The Association shall have the power to bid on the Condominium at foreclosure and to hold, lease, mortgage and convey the same.

     8.5 - Assessment Roll. The assessments against all Unit Owners shall be set forth upon a roll of the Units which shall be available in the office of the Association for inspection at all reasonable times by Unit Owners or their duly authorized representatives. Such roll shall indicate for each Unit the name and address of the Owner or Owners, the assessments for all purposes and the amounts of all assessments paid and unpaid. A certificate made by the Association as to the status of a Unit Owner's assessment account shall limit the liability of any person for whom made other than the Unit Owner. The Association shall issue such certificates to such persons as a Unit Owner may request in writing.

     8.6 - Liability for Assessments. The Owner of a Unit and his grantees shall be jointly and severally liable for all unpaid assessments due to payable at the time of a conveyance but without prejudice to the rights of the grantee to recover from the grantor the amounts paid by the grantee therefore. Such liability may not be avoided by a waiver of the use or enjoyment of any Association Area or by abandonment of the Condominium for which the assessments are made. A purchaser of a Condominium at any judicial or trustee sale shall be liable only for assessments coming due after such sale and for that portion of due assessments prorated to the period after the date of such sale.

     Amendments to this Section 8 shall only be effective upon 100% written consent of the Unit Owners and their first mortgagees, whether such amendment is attempted by way of modification of the Association Articles of Incorporation or by-laws.

     9.   INSURANCE

     The insurance, other than title insurance which shall be carried upon the Property, shall be governed by the following provisions:

          9.1 - Authority to Purchase. All insurance policies upon the Property or the operations of the Association (except as hereinafter allowed), shall be purchased by the Association, and the premiums thereon shall be charged as Common Expenses.

To assist in the purchase and administration of such policies of insurance as may be required hereunder or deemed prudent by the Association in the conduct of Association business, the Association may employ the services of an independent insurance analyst, consultant, or broker, the expense of which shall be included in Common Expenses.

          9.2 - Coverage.

          Property Insurance. The Association Areas and all improvements thereon and all personal property included within the Association Areas, except such personal property as may be owned by the Unit Owners, shall be insured so as to provide for full replacement thereof in the event of damage or destruction from the insured perils.

     All such policies shall be issued in the name of the Association.

     Such policies shall provide that losses thereunder shall be adjusted with and payable to the Association for the exclusive account of the Association.

     Such coverage as is required under this subsection shall afford protection against:

          (a) Loss or damage by fire and other hazards covered by the standard extended coverage and vandalism and malicious mischief endorsements;

          (b) such other additional perils of "All Risk" forms as may from time to time become available, presently "Special From" excluding landslide, subsidence and earthquake;

          (c) additional perils shall be at the option of the Association.

          The Association may comply with the above requirements by the purchase of blanket coverage and may elect such deductible, franchise, or franchise deductible provisions which, in the opinion of the Association are consistent with good business practice.

     Insurance proceeds shall not be commingled with other Association funds and shall be used forthwith exclusively for restoration of the damaged or destroyed improvements and/or personal property.

     9.3 - Public Liability and Property Damage. The Association shall purchase broad form Comprehensive Liability coverage in such amounts and in such forms deemed appropriate by it. This coverage shall be issued in the name of the Association and shall include Unit Owners in their capacity as Association members as additional insured’s, and evidence thereof shall be furnished to each additional insured. Coverage under this policy shall include, but not be limited to, legal liability of the Association for bodily and personal injuries, property damages, operations of automobiles on behalf of the Association and operations of the Association in connection with the ownership, operation, maintenance or use of the property.

     9.4 - Workmen's Compensation and Employers' Liability.

The Association shall purchase Workmen's Compensation and Employer's Liability Insurances in such form as to meet the requirements of law for injuries to Association employees.

     9.5 - Crime. The Association shall purchase coverage against dishonesty of employees, destruction or disappearance of money or securities and against forgery in amounts and in such forms as shall be required by the Association.

     9.6 - Mechanical Insurance. The Association may purchase coverage insuring against the explosion of steam boilers or pressure vessels and breakdown of machinery in such amounts and in such forms as are deemed appropriate by the Association.

     9.7 - Unit Owner Insurance. Each Unit Owner shall, at his sole expense, obtain and keep in full force and effect standard fire and extended risk insurance coverage on his Residence and the improvements thereon with minimum limits satisfactory to the Association. Each such insurance policy shall contain a loss-payable endorsement in favor of the Association which shall be subordinate in position only to a loss-payable endorsement in favor of an institutional lender holding a first mortgage lien against the residence. The Association shall release its claim to such proceeds in a manner deemed satisfactory by the Architectural and Landscaping Committee in connection with action taken by the Unit Owner to restore the improvements to their prior condition as required by Article 6.2 of this Declaration.

 10. TAXES AND SPECIAL ASSESSMENTS (OF GOVERNMENTAL AGENCIES)

     The assessment of each Condominium for taxes and special assessments by governmental bodies when such taxes and special assessments are not separately taxed or assessed to a Condominium shall be as follows:

     Such unallocated taxes and assessments shall be included in the budget of the Association and shall be paid by the Association. The Association shall assess each Unit Owner on the basis Common Assessments of the Association are allocated.

 11. PROHIBITION AGAINST SEVERING INTEREST IN CONDOMINIUM.

     11.1 - No owner shall be entitled to sever his Unit from his undivided interest in the Common Areas. Neither of such component interests may be severally sold, conveyed, encumbered, hypothecated or otherwise dealt with, and any such attempt so to do in violation of this provision shall be void as a severance and of no effect as such. The suspension of this right of severability shall in no event last beyond the period in which the right to partition a project is suspended under Section 752b of the Code of Civil Procedure. It is intended hereby to restrict severability in the manner provided in Subparagraph (g) of Section 1355 of the Civil Code, or as subsequently amended.

     11.2 - Subsequent to the initial sale of a Condominium in the Condominium Project, any conveyance of a Condominium or of a Unit, or any part or portion thereof, by its Unit Owner, shall be presumed to convey the entire Condominium.

 12. COVENANTS RUNNING WITH THE LAND.

     All provisions of this Declaration shall be construed to be covenants running with the land and with every part thereof and interest therein, including, but not limited to, every Unit and the appurtenances thereto; and every Unit Owner and claimant of the Property or any part thereof or interest therein, and his heirs, executors, administrators, successors and assigns shall be bound by all of the provisions of this Declaration.

 13.      AMENDMENT.

     13.1 - Declaration. Amendments to the Declaration shall be proposed and adopted as follows:

          (a) Notice. Notice of the subject matter of the proposed amendment in reasonably detailed form shall be included in the Notice of any meeting at which a proposed amendment is considered.

          (b) Resolution. A resolution adopting a proposed amendment may be proposed by the Unit Owners meeting as member of the Association. Unit Owners not present at the meeting considering such amendment may express their approval in writing or by proxy. Such approval must be by Unit Owners who in the aggregate own not less than seventy-five percent (75%) of the units.

          (c) Recording. A copy of each amendment shall be certified by at least two (2) officers of the Association as having been duly adopted and shall be effective when recorded in the public records of Los Angeles County, California. Copies of the same shall be sent to each Unit Owner in the manner elsewhere provided for the giving of notices, but the same shall not constitute a condition precedent to the effectiveness of such amendment.

     13.2 - Association; Articles of Incorporation and by-laws. The Articles of Incorporation and the by-laws of the Association may be amended only in the manner provided by such documents.

     13.3 - Notwithstanding the foregoing, amendments to Article 8, Article 7.1(e) and Article 7.1(f) of this Declaration shall not be adopted or effective, nor shall amendments to related enforcement procedures be applicable to said Article 8, Article 7.1(e) and Article 7.1(f) unless unanimous consent of all Unit Owners is obtained.

     13.4 - Until December 31, 1975 no amendments to this Declaration shall alter or modify any provision made for the benefit of Declarant herein, including but not limited to Article 6.1(q) of this Declaration.

     13.5 - No amendment can be effectuated without the approval of the City of Los Angeles if such amendment would effect any of the requirements of the City of Los Angeles for the Tracts covered by this Declaration or the Conditional Use Approval by the City of Los Angeles for said Tracts.

 14. COMPLIANCE AND DEFAULT.

     14.1 - Each Unit Owner shall be governed by and shall comply with the terms of the Condominium documents and regulations adopted pursuant thereto and said documents and regulations as they may be amended from time to time. A default shall entitle the Association or other Unit Owners to the following relief:

          (a) Legal Proceedings. Failure to comply with any of the terms of the Condominium Documents and regulations adopted pursuant thereto, shall be grounds for relief which may include, without intending to limit the same to, an action to recover sums due for damages, injunctive relief, foreclosure of lien or any combination thereof, and which relief may be sought by the Association or if appropriate, by an aggrieved Unit Owner.

          (b) All Unit Owners shall be liable for the expense of any maintenance, repair or replacement rendered necessary by his act, neglect or carelessness or by that of any member of his family or his or their guests, employees, agents, or lessees, but only to the extent that such expense is not met by the proceeds of insurance carried by the Association. Nothing herein contained, however, shall be construed so as to modify any Waiver of Insurance companies of rights of subrogation.

          (c) Costs and Attorneys' Fees. In any proceedings arising because of an alleged default by a Unit Owner, the prevailing party shall be entitled to recover the costs of the proceedings and such reasonable attorneys' fees as may be determined by the Court.

          (d) No Waiver of Rights. The failure of the Association or of a Unit Owner to enforce any right, provisions, covenant or condition which may be granted by the Condominium documents shall not constitute a waiver of the right of the Association or Unit Owner to enforce such right, provision, covenant or condition in the future.

          (e) All rights, remedies and privileges granted to the Declarant, Association or a Unit Owner pursuant to any terms, provisions, covenants or conditions of the Condominium documents shall be deemed to be cumulative, and the exercise of any one or more shall not be deemed to constitute an election of remedies nor shall it preclude the party thus exercising the same from exercising such other and additional rights, remedies or privileges as may be granted to such party by the Condominium documents or at law or in equity.

     14.2 - Each and every provision of the Declaration made and being in favor of Declarant,whether expressly or impliedly so, may be enforced by Declarant by the use of any available proceeding or remedy at law or in equity.

 15. TERMINATION

     15.1 - Notwithstanding any provision of this Declaration to the contrary, any Unit Owner may maintain an action for participation in accordance with the provisions of Section 752b of the Code of Civil Procedure of the State of California as it presently exists or may hereafter be amended.

     15.2 - Notwithstanding any provision of this Declaration to the contrary, the right to maintain this Condominium Project shall continue in effect only so long as all of the mutually available features, such as Recreational Areas, community building, open spaces, landscaping, private streets and sidewalks as well as the general appearance and plans of the recreational building and residential units are all maintained in a first-class condition as originally constructed and installed, provided, however, that no partition action shall result in any violation of the conditional use provisions of the Los Angeles Municipal Code.

     Upon determination by the City of Los Angeles Planning Commission, or any successor thereto, that the Condominium Project is not in a first-class condition as above required, then in such event, any Unit Owner in the Condominium Project may institute an action for termination of the project in a Court of competent jurisdiction.

     15.3 - After the termination of the Project as provided by law, the then Unit Owners so affected shall own the Property as tenants in common in undivided shares, and the holders of mortgages and liens against the Unit or Units formerly owned by such Unit Owners shall have mortgages and liens upon the respective undivided shares of the Unit Owners. All funds held by the Association and insurance proceeds, if any, shall be and continue to be held for the Unit Owners in proportion to the amount of the assessments paid by each. The costs incurred by the Association in connection with the termination shall be a Common Expense.

     15.4 - The members of the Board of Directors acting collectively as agents for all Unit Owners, shall, for purposes of winding up the affairs of the Association, continue to have such powers as in this Article are granted, notwithstanding the fact that the Association itself may be dissolved upon a termination.

 16. AMENDMENTS TO CONDOMINIUM PLAN - LIMITED RESERVATION OF RIGHT TO VARY CONDOMINIUM PLAN AND POWER OF ATTORNEY TO DECLARANT.

16.1 - Notwithstanding any provisions in this Declaration to the contrary, excepting for the provisions of Article 13.1(b) herein, for a period of ten years from the date of first filing for record of this Declaration, or until one year subsequent to the sale and recordation of the final Condominium to be sold in the Condominium Project, whichever occurs earlier, Declarant reserves unto itself the exclusive right to Amend the Condominium Plans of the Tracts within the Condominium Project, by varying (1) the size, shape or location of the unsold Condominium "Units," and the diagrammatic floor plans, locations and/or dimensions of unsold buildings, built or to be built, (2) the "Appurtenant Area" boundary lines of unsold Condominiums, and/or (3) the "Common Area" boundary lines; all of the foregoing subject to the limitation that the perimeter of the "Appurtenant Area" surrounding a Condominium "Unit" shall not exceed by more than 10% of the original area described on the first recorded Condominium Plan within which that "Appurtenant Area" and the "Unit" it serves are contained; and, the "Unit" so served shall be constructed entirely within such newly described boundary lines. Declarant also reserves the right during said period to deter-mine, by amendment to the Condominium Plan or otherwise, the exact number of Condominium Estates in the Condominium Project. The exact number of Condominium Estates in the Condominium Project shall be determined of record by Grantor's designation in the last Grant Deed to be recorded from Grantor to an owner of a condominium Estate in the Condominium Project.

     16.2 - Each Condominium grantee, by joining in the execution of his individual Condominium Grant Deed (all Grant Deeds of which shall contain a provision specifically incorporating this Article by reference), shall thereby constitute and irrevocably appoint the Declarant herein his Attorney-in-Fact and Agent for the purpose of executing and acknowledging on behalf of such Condominium record owner any and all Amendments to the Condominium Plans deemed necessary by said Declarant to conform same to variances determined or approved by said Declarant, as provided for in the foregoing paragraph, which in any event shall be determined within said ten-year period.

     16.3 - The Limited Reservation and Power of Attorney described in this Article are reserved and accepted by Declarant in order to insure uninterrupted progress in the construction and development of Tracts until completion of the Condominium Project contemplated for said Tracts, for the benefit of Declarant herein and of all Condominium Unit Owners of record in said Tracts and in order that there be convenient methods of compliance with California Civil Code Section 1351, for the convenience of the record owners of Condominiums in said Tracts. By reason of the foregoing, the provisions of this Article are and shall be deemed powers "coupled with an interest" and intended to "run with the land," and shall be binding upon future Condominium record owners, their heirs, assigns and successors in interest.

17. SEVERABILITY.

17.1 - The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or un-enforceable ability of any one provision or portion thereof shall not affect the validity or enforceability of any other provisions hereof.

18.  INTERPRETATION.

     18.1 - The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of the Project. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce said provision or any other provision hereof.

     18.2 - Any Unit Owner, not at the time in default hereunder, or any member of the Association who shall be deemed to be acting on behalf of any of the Unit Owners, shall be entitled to bring an action for damages against any defaulting Unit Owner and, in addition, may enjoin any violation of this Declaration, or a rule or regulation duly adopted by the Association hereunder, or to prosecute any other appropriate legal or equitable action that may be necessary under the existing facts. Any judgment rendered in any such action or proceeding shall include a sum for attorneys' fees in such amount as the court may adjudge reason-able, in favor of the prevailing party.

     18.3 - It is expressly agreed that a breach of any of the provisions, covenants, restrictions, or limitations, or the recordation of any lien or assessment hereunder or the pursuit of any remedy hereunder shall not defeat or render invalid the lien of any mortgage made by the Unit Owner in good faith and for value upon the interest, right or title or a portion and percent-age of interest of any Unit Owner, grantee, or grantees in said Property, but all are hereby declared to be subject and subordinate to each such mortgage. However, each and all of said provisions, conditions, covenants and restrictions and limitations shall be binding upon and effective against any Owner whose title to said Property is thereafter acquired through foreclosure or trustee sale or continues under such mortgage.

 19. APPURTENANT AREA WALLS.

     The rights and duties of the owners with respect to Appurtenant Area Walls shall be governed by the following:

     19.2 - Repair and Maintenance. If the exterior of any such wall is damaged or destroyed through the negligent or willful act of the adjoining owner or of his agent, employee, guest or member of his family, so as to deprive the wall owner of the full use and enjoyment of such wall, then the adjoining owner shall forthwith proceed to rebuild and/or repair the same to as good a condition as formerly, without cost to the wall owner. However, normal repainting and repair not caused by any act of the adjoining lot owner but caused by normal deterioration from lapse of time shall be the responsibility of the wall owner at the cost to such wall owner. Each adjoining owner is specifically prohibited from watering in any manner, which may result in the water soaking of or water damage to the adjacent wall.

     19.3 - Destruction by Fire or Other Casualty. If any such wall is damaged or destroyed by fire or casualty or by some cause other than the act of the adjoining owner, then, in such event, the wall owner, at his expense, shall proceed forthwith to rebuild or repair the same to as good a condition as formerly.

     19.4 - Easement for Encroachment. There is hereby created for the benefit of each wall owner a non-exclusive easement over, across and through the adjoining Appurtenant Area for the encroachment of any eaves, overhangs or projections of any roof on or over the adjoining Appurtenant Area.

     19.5 - Dispute. In the event of a dispute between a wall owner and the adjoining owner, upon written request of one of such owners addressed to the Association, the dispute shall be submitted to the Board which shall decide the dispute, and the decision of the Board shall be final and conclusive upon the parties.

 20. PARTY FENCES.

     20.1 - General Rules of Law to Apply. Each fence, which is built between the Appurtenant Areas shall constitute a party fence, and to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party fences and liability for property damage due to the negligence or willful acts or omissions shall apply thereto. There shall be no changes or impairments of, or permanent structural attachments made to, any such fence unless expressly made in conformity with the pro-visions of this Article and consented to by all persons having an interest in said party fence. There shall be an easement for reasonable repairs over the areas immediately adjacent to each side of all such fences for the benefit of all persons having an interest therein; provided, however, that such easement shall allow entry only at reasonable times and shall in no event be deemed to permit entry into the interior portion of any residence. And damage resulting from the use of the easement shall be repaired at the expense of the owner causing the same.

     20.2 - Sharing of Repair and Maintenance. The cost of reasonable repairs and maintenance of a party fence shall be shared by the owners who make use of the fence in proportion to such use.

     20.3 - Destruction by Fire or Other Casualty. If a party fence is destroyed or damaged by fire or other casualty, any owner who has used the fence may restore it, and if the other owners thereof make use of the fence, they shall contribute to the cost of the restoration thereof in proportion to such use without prejudice, however, to the rights of any such owners to call for a larger contribution from the others under any rules of law regarding the liability for negligent or willful acts or omissions.

     20.4 - Right to Contributions Runs with the Land. The right of any owner to contribution from any other owner under this Article shall be appurtenant to the land and shall pass to such owner's successor in title.

     20.5 - Arbitration. In the event any dispute arises concerning a party fence, under the provisions of this article the dispute shall be resolved by an arbitrator chosen by the Board with, any interested board member barred from the vote.

     IN WITNESS WHEREOF, Declarant, U.S. PLYWOOD-CHAMPION PAPERS INC., a corporation, and BEVERLY-GLENWOOD CORPORATION, a corporation, have executed this instrument on the 23rd day of March , 1970.

                              DECLARANT:

BEVERLY-GLENWOOD CORPORATION  U.S.PLYWOOD-CHAMPION PAPERS INC.

By

                                    Vice-President

By

LEGAL DESCRIPTION OF

     PROPERTIES THAT MAY BE ANNEXED

     PURSUANT TO ARTICLE 3.2

     In addition to Tracts 28680, 28681, 28682 and 28683, the existing property with respect to which this Declaration has been executed and recorded, the following are the additional properties that may be annexed pursuant to Article 3.2:

     1.   All or a portion of Tract 29729, as per map to be recorded in the Office of the County Recorder of Los Angeles County, containing approximately 103 acres.

     2.   All or a portion of Tract 30851, as per map to be recorded in the Office of the County Recorder of Los Angeles County, containing approximately 108 acres.

Amendment #1

91-268179

                                                                                                            RECORDED IN OFFICIAL

                                                                                                                                                      RECORDS

                                                                                                                RECORDER’S OFFICE,

                                                                                                              LOS ANGELES COUNTY

                                                                                                                    CALIFORNIA

31 MIN. PAST 2 P.M.      FEB. 25, 1991

RECORDING REQUESTED BY AND

WHEN RECORDED MAIL TO:

Steven J. Revitz, Esq.                                                                        

Raiskin & Revitz

A Partnership of

Professional Corporations

2049 Century Park East

Suite 2400

Los Angeles, California 90067

AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FOR BEVERLY GLEN PARK

RECITALS

A.     WHEREAS, on March 27, 1970, a Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for Beverly Glen Park (“the CC&R’s”) was recorded with the County Recorder of Los Angeles County as Instrument No. 3560 which pertain to that certain real property and improvement thereon in the City and County of Los Angeles, State of California described as:

                                    Tracts 28680, 28681, 28682 and 28683 as per maps recorded in the office of the Los Angeles, County Recorder (“the Property”); and

B.     WHEREAS, the undersigned are two of the duly authorized and appointed officers of the Beverly Glen Park Homeowners Association (“the Association”), a California non-profit corporation; and

C.        WHEREAS, the undersigned have confirmed that not less than seventy-five percent (75%) of the Unit Owners of the Property have, in accordance with Section 13.1 of the CC&R’s confirmed and approved the amendments and modifications to the CC&R’s set forth below;

            NOW, THEREFORE, the undersigned, as duly authorized officers of the Association, having first obtained the approval of not less than seventy-five percent (75%) of the Unit Owners of the Association, do herby execute this Certificate of Amendment amending and modifying the CC&Rs as follows:

AMENDMENT TO CC&Rs

Article 21 shall be added to the CC&R’s which, provides:

“21.1                The Unit Owners realize the need to encourage persons to serve on the Association’s Board of Directors and as Officers of the Association and seek to encourage persons to serve as Officers and Directors of the Association by holding them harmless and indemnifying and defending them from and against any and all claims, demands, complaints, causes of action and judgments of members of the Association, third parties, or anyone else, in any way arising out of or related to any acts of omissions of the Officers and/or Directors of the Association excepts for acts or omissions which are found by a court of competent jurisdiction to be willfully and deliberately tortuous. 

“21.2                The Association shall indemnify, defend and hold all Officers and Directors of the Association against any and all claims, demands, complaints, causes of action and judgments of any members of the Association, third parties, acts of omissions of the Officers and/or Directors of the Association except for acts or omissions which are found by a court of competent jurisdiction to be willfully and deliberately tortuous.                      

“21.3               Any Director or Officer against whom a claim, complaint, demand or cause of action is brought shall be defended by the Association and all attorneys’ fees, costs and expenses incurred by such counsel shall be paid for by the Association.  No such Officer or Director shall be responsible for reimbursing the Association for such fees, costs or expenses unless the conduct of said Officer or Director is found by a court of competent jurisdiction to be willfully and deliberately tortuous.

“21.4               In the event that the Association is unable or unwilling to comply with any of its obligations hereunder, the Unit Owners shall each be personally responsible for 1/220^th of such obligation(s) and the Association may, but is not required to, assess each Unit Owner and his Unit for his pro-rata share of such obligations in the same manner that the Association can levy a Special Assessment pursuant to Article 8 of the CC&Rs.

“21.5               The amount of any indemnity obligation under this Article shall be reduced by the amount of any insurance money paid in connection with such obligation so that the total amount of insurance monies paid and indemnification from the Association and/or the Unit Owners does not exceed one hundred percent (100%) of the amount of the indemnity or defense claim.”

Article 13, Section 13(b) of the CC&Rs is modified so as to provide, in its entirety, as follows:

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(b)            Resolution.  A resolution adopting a proposed amendment may be proposed by the Unit Owners meeting as members of the Association.

(c)              Unit Owners not present at the meeting considering such amendment may express their approval in writing or by proxy.  Such approval must be by Unit Owners who in the aggregate own not less than fifty-one percent (51%) of the Units.”

All other terms and conditions of the CC&Rs shall remain in full force and effect.

IN WITNESS WHEREOF, the undersigned have signed this document on this 18^th day of January, 1991.

Michael Scheff                                                              Ellen R. Dirksen           

Officer of the Beverly Glen Park HOA                            Officer of the Beverly Glen Park HOA

                                                                                    91-268179

Notarized January 18, 1991

Originals with signatures, on file in Association Office.

Amendment #2

                                                                                    COPY of Document Recorded

                                                                                             91-2022491

                                                                                    Has not been compared with original.

Original will be returned when processing has been completed.

                                                                                    LOS ANGELES COUNTY REGISTRAR-

                                                                                                         RECORDER/COUNTY CLERK

RECORDING REQUESTED BY AND

WHEN RECORDED TO MAIL TO:

Steven J. Revitz, Esq.

Raiskin & Revitz

A Partnership of

Professional Corporations

2049 Century Park East

Suite 2400

Los Angeles, California 90067

SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND

RESTRICTIONS AND RESERVATION OF EASEMENTS FOR BEVERLY GLEN PARK

RECITALS

            A.        WHEREAS, on March 27, 1970, a Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for Beverly Glen Park (the “CC&Rs”) was recorded with the County Recorder of Los Angeles County as Instrument No. 3560 which pertain to that certain real property and improvement thereon in the City and County of Los Angeles, State of California described as:

                        Tracts 28680, 28681, 28682 as per maps recorded in the office of the Los Angeles County Recorder (the “Property”); and

            B.         WHEREAS, the CC&Rs were amended on January 18, 1991; and

            C.         WHEREAS, the undersigned are two of the duly authorized and appointed officers of the Beverly Glen Park Homeowners Association (the “Association”), a California non-profit corporation; and

            D.        WHEREAS, the undersigned have confirmed that not less than fifty-one (51%) of the Unit Owners of the Property have, in accordance with Section 13.1(b) of the CC&Rs, as amended, confirmed and approved the amendments and modifications to the CC&Rs set forth below;

            NOW, THEREFORE, the undersigned has duly authorized officers of the Association, having first obtained the approval of not less than fifty-one percent (51%) of the Unit Owners of the Association, do hereby execute this Certificate of Amendment amending and modifying the CC&Rs as follows:

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AMENDMENTS TO CC&RS

            1.         Article 2, section 2.7 of the CC&Rs is amended so as to provide in its entirety as follows:

“Appurtenant Areas.  Appurtenant Areas are those portions of the Common

Areas, which surround each Unit in the Project, respectively, as shown on the Condominium Plan, and shall be deemed exclusive appurtenant easements for all residential and residential yard purposes (purposes incidental to the use of the Unit as a dwelling, including, but without limitation, driveway and walkway purposes, except as herein elsewhere provided) to the Units that they surround, respectively, subject to (1) Overhanging Eave, Parking Bay Access Easements and Foundation Wing Wall Easements, (2) architectural, landscaping and use restriction limitations and obligations, as hereinafter provided, (3) all other restrictions and limitations as contained elsewhere in the Declaration and (4) all other matters of record.  The exclusive appurtenant easement areas shall be deemed to be “exclusive use common areas” as defined in Section 1351 (i) of the California Civil Code.”

            2.         The following paragraph is added to the end of Article 7, Section 7.1 of the CC&Rs:

“Except for conditions created by the Association, nothing herein shall be deemed or construed to impose any duty on the Association to undertake any remedial measures or efforts to correct or repair any conditions existing or which may exist in the future under the land surface of any portion of the Property, including any landslide or other geological conditions which may result or have resulted in earth movement, earth settlement or any other form of movement on or under the surface of the land.

Notwithstanding the above, the Association may undertake remedial or corrective efforts to the extent that such conditions have caused or may cause any damage or injury to Association Areas, including the improvements thereon.  Nothing herein is intended nor shall be construed as an admission by the Association of any duty to undertake any such remedial measures or corrective efforts either prior or subsequent to the date of the adoption of this amended provision of the CC&Rs.”

            3.         A subparagraph (f) is added to Article 7, Section 7.2 of the CC&Rs which provides the following:

“(f)  As used herein, the term “Residence” shall mean the areas defined in Section 2.10, including the surface area of the land within the boundaries of the Residence and the area under the surface of such land, including the geological conditions under the surface of such land.  In addition, the term shall include any land area on which any improvements and appurtenances of the Unit are located, and the area under the surface of that land area, including the geological conditions under the surface of that land area, whether or not such land area is encompassed within the boundaries of the Appurtenant Area of the Unit as shown on the Condominium Plan.”

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All other terms and conditions of the CC&Rs, as amended, shall remain in full force and effect.

IN WITNESS WHEREOF,  the undersigned have signed this document this 12 day of December, 1991.

Michael Scheff______                                                               Sanford Rothman_____

Officer of the Beverly Glen                                                        Officer of the Beverly Glen

Park Homeowners Association                                                    Park Homeowners Association

Originals with signatures, on file in the Association Office.

_______________________________________________________________________________________________________________________

Amendment #3

                                                                                    COPY of Document Recorded

                                                                                                96-1560640

                                                                                    Has not been compared with original.

                                                                                    Original will be returned when

                                                                                    Processing has been completed.

                                                                                    LOS ANGELES COUNTY REGISTRAR-

                                                                                                         RECORDER/COUNTY CLERK

RECORDING REQUESTED BY AND WHEN

RECORDED MAIL TO:                                                                                   

Raiskin & Revitz

10390 Santa Monica Blvd.

4^th Floor

Los Angeles, CA 90025                                                  RECORDED ON

                                                                                      SEPT. 23, 1996

THIRD AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND

            A.         WHEREAS, on March 27, 1970, a Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for Beverly Glen Park (CC&Rs) was recorded with the County Recorder of the Los Angeles County as Instrument No. 3560 which pertains to that certain real property and improvements thereon in the City and County of Los Angeles, State of California described as:  “Tracts 28680, 28681, 28682 and 28683 as per maps recorded in the office of the Los Angeles County Recorder (the “Property”): and

            B.         WHEREAS, the CC&Rs were amended on January 18 and December 26, 1991; and

            C.         WHEREAS, the undersigned are two of the duly authorized and appointed officers of the Beverly Glen Park Homeowners Association (the “Association”), a California non-profit corporation; and

            D.        WHEREAS, the undersigned have confirmed that no less than fifty-one percent (51%) of the Unit Owners of the Property have, in accordance with Section 13.1(b) of the CC&Rs as amended, confirmed and approved the amendments and modifications to the CC&Rs set forth below:

            NOW, THEREFORE, the undersigned, as duly authorized officers of the Association, having first obtained the approval of not less than fifty-one percent (51%) of the Unit Owners of the Association, do hereby execute this Certificate of Amendment amending and modifying the CC&Rs as follows.

AMENDMENT TO CC&Rs

AMENDMENT TO ARTICLE 6, SECTION 6.1 OF THE CC&Rs

            Article 6, Section 6.1 of the CC&Rs is amended so as to add a subsection (t) which states as follows:

“Leases.  Any agreement for the leasing or rental of a Unit (hereinafter in this Section referred to as a “lease”) shall provide that the terms of such lease shall be subject in all respects to the provisions of this Declaration, the Articles, the By-laws and the Association Rules and shall contain the “Lease Rider” set forth below.  Each lease shall further provide that any failure by the lessee thereunder to comply with the terms of the forgoing documents shall be a default under the lease.  All leases shall be in writing and shall be for a period of not less than three (3) months.  No Unit Owner (the “Owner”) may lease less than his entire Unit.  Any Owner who shall lease his Unit shall be responsible for personally assuring compliance by such Owner’s lessee with this Declaration, the Articles, the By-laws and the Association Rules.  An Owner shall be personally liable for the acts and conduct of his lessee and may be fined a reasonable amount for any non-compliance by his lessee.  Failure by an Owner to take legal action, including the institution of proceedings in unlawful detainer against his lessee who is in violation of this Declaration, the Articles, the By-laws or the Association Rules within thirty (30) days after receipt of written demand so to do from the Board, shall entitle the Association, through the Board, to take any and all such action, including the institution of proceedings in unlawful detainer on behalf of such Owner against his lessee.  Any expenses incurred by the Association, including attorneys’ fees and costs of suit, shall be repaid to it by such Owner.  Failure of such Owner to make such repayment within thirty (30) days after receipt of a written demand therefore shall entitle the Board to levy a Special Assessment against such Owner and his Unit for all such expenses incurred by the Association.  In the event such Special Assessment is not paid within thirty (30) days of its due date, the Board may resort to all remedies of the Association for the collection thereof, including those set forth in Article 6 hereof dealing with liens.  No Unit shall be leased for transient or hotel purposes, which shall be defined as rental for any period of less than three (3) months or any rental whatsoever if the occupants of the Unit are provided with customary hotel services such as room service for food and beverages, maid service the furnishing of laundry and linen and/or bellboy service.”

                        All leases shall contain the following Lease Rider in them:

                                                “Tenant acknowledges that he/she has read the Declaration of

                                    Conditions, Covenants and Restrictions, By-laws and Rules and

Regulations of the Beverly Glen Park Homeowners Association (the

                                    ‘Association’) and all amendments thereto (collectively the ‘Association

                                    Documents’).  Tenant agrees that the provisions of said documents are

                                    hereby incorporated into this Lease Agreement as if fully set forth herein

                                    and tenant agrees further to comply strictly with said CC&Rs, By-laws

                                    and Rules and Regulations, as heretofore and hereafter amended.

                                                The Board of Directors of the Association (the “Board”) shall

have the power to terminate the Lease and/or to bring summary proceedings to evict the tenant(s) in the name of the Landlord here-

                                    under  in the event of any default by the Tenant in compliance with

                                    the Association Documents, or any of them, the Association Documents

            `                       shall prevail.”

            All other terms and conditions of the CC&Rs, as amended, shall remain in full force and effect.

            IN WITNESS WHEREOF, the undersigned have signed this document the 18^th day of September, 1998.

Philip Fass, Presidnet                                                     Sanford Rothman, Secretary

Officer of the Beverly Glen Park                         Officer of the Beverly Glen Park

Homeowners Association                                               Homeowners Association

Notary and Original Signatures on file in Association Office